Lambert v. Allstate Insurance Co.

ALLEN, Judge.

The appellant challenges a summary final judgment entered for the appellee upon a determination that coverage was not provided under a contract of insurance. We find that there is a disputed issue of material fact which precludes the entry of a summary judgment.

The appellant was named as the defendant in a negligence action brought upon the death of a child who allegedly drowned in a small pond on the appellant’s property. The appellant filed a third party action against the appellee, asserting that insurance coverage was provided under a homeowners policy. The appellee…